Post Top Ad

Post Top Ad

1/13/2018

TODAY IS ANAMBRA CENTRAL SENATORIAL RERUN

The coast was Friday cleared for
the conduct of the Anambra Central Senatorial election following, the setting
aside of a Federal High Court judgment that directed the inauguration of Dr.
Obiora Okonkwo as the lawful candidate for the vacant Anambra Central
Senatorial seat at the National Assembly.

Justice John Tsoho yesterday
vacated his earlier judgment in a ruling he delivered on an application seeking
the setting aside of his December 13, 2017 consent judgment on the grounds that
the court was misled by the plaintiff in securing the consent judgment.

INEC had in an application asked
the court to vary its judgment of December 13, to enable it conduct the rerun
election slated for today, in line with the judgment of the Court of Appeal
judgment, which directed INEC to conduct a fresh election to fill the vacant
position within 90 days.

The appellate court in its
judgment of November 20, 2017 however excluded the PDP and its candidate from
participating in the rerun.

Tsoho in the ruling held that Okonkwo
suppressed fact when he said he was not a party in the Appeal Court judgment,
whereas his party, the PDP was a party to all the judgment, adding that the PDP
had already filed a notice of appeal against the judgment of the Court of
Appeal.

The judge further stated that he
was liable to set aside the earlier judgment because it was not based on merit.

Tsoho added that the court took
judicial notice of three earlier judgments from
the Court of Appeal which ordered INEC to conduct a re-run election for
the Senatorial District within 90 days.

The judge further held that in the doctrine of
precedent, Court of Appeal’s decision took precedent over and above that of any
lower court. He held further that his court being a lower court, was bound by
the decision of the Court of Appeal in the instant case.

“The consent judgment is hereby
vacated and set aside”, Tsoho held.

He consequently adjourned the case
indefinitely pending the outcome of the appeal filed by PDP at the Supreme
Court.

Meanwhile, Dr. Obiora Okonkwo has
expressed disagreement with the ruling of Justice John Tsoho that vacated an
earlier judgment which declared him as the lawful candidate for the Anambra
Central Senatorial seat.

Okonkwo in a press statement made
available to newsmen in Abuja, argued that his suit was a pre-election matter
and as such took preeminence over the post-election matter nullified by the
Court of Appeal.

While disclosing that he has
instructed his lawyers to immediately appeal against the judgment, he urged his
supporters to remain calm and be law abiding, assuring that the rerun election
scheduled for today would end up in nullity as he is fully prepared to
challenge its outcome.

The statement read, “Today, the
12th of January, 2018, the Federal High Court in Abuja set aside a consent
judgment in my favour in which parties to the suit, including the Peoples
Democratic Party (PDP), conceded that I was the right candidate in that
election and as such is entitled to the Certificate of Return.“The court today,
based its decision on the Court of Appeal decision, in a post-election matter,
wherein Senator Uche Ekwunife was disqualified on grounds that she was not the
duly nominated candidate of PDP, and ordered for fresh elections.

“It is significant to note that I
went to court in this present case even before the March 2015 National Assembly
election.

“Therefore, if my rights have
been determined timeously, the case that went to the Court of Appeal would not
have arisen in the first place. Hence, the determination of my right as a
candidate takes pre-eminence over the post-election petition that was nullified.

“Unfortunately, the Federal High
Court ruled otherwise today.

“I disagree with the said ruling
today wholly and entirely. Consequently, I have instructed my lawyers to
proceed on appeal immediately.“I assure all my supporters, and admirers, that I
will not rest on my oars until justice is done. I urge you all to remain calm
and law-abiding.

“It is in the light of the above
that I state categorically that any election held in Anambra Central Senatorial
District tomorrow, being January 13, 2018, would amount to a nullity as we
shall be challenging whatever predetermined outcome is announced”.

No comments:

Post a Comment

Post Top Ad

Author Details

Soul 2 Soul Mates Blog is a blogger resources site is a provider of high quality news with premium looking layout and robust design. The main mission of Soul 2 Soul Mates Blog is to provide the best quality news which are professionally designed to deliver best result to the world.